[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Proposed Rules]
[Pages 28906-28907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9965]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 24
Guides for Select Leather and Imitation Leather Products
AGENCY: Federal Trade Commission.
ACTION: Request for public comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
requesting public comments on its Guides for Select Leather and
Imitation Leather Products (``Leather Guides''). The Commission is
soliciting the comments as part of its systematic review of all current
Commission regulations and guides.
DATES: Written comments will be accepted until July 23, 2007.
ADDRESSES: Interested parties are invited to submit written comments.
Comments should refer to ``Guides for Select Leather and Imitation
Leather Products, Matter No. P078008'' to facilitate the organization
of comments. A comment filed in paper form should include this
reference both in the text and on the envelope, and should be mailed or
delivered to the following address: Federal Trade Commission/Office of
the Secretary, Room H-135 (Annex L), 600 Pennsylvania Avenue, NW.,
Washington, DC 20580. Comments containing confidential material,
however, must be filed in paper form, must be clearly labeled
``Confidential,'' and must comply with Commission Rule 4.9(c).\1\ The
FTC is requesting that any comment filed in paper form be sent by
courier or overnight service, if possible, because postal mail in the
Washington area and at the Commission is subject to delay due to
heightened security precautions. Comments filed in electronic form must
be submitted by accessing the following site: https://secure.commentworks.com/ftc-leatherguides, and following the
instructions on the web-based form.
---------------------------------------------------------------------------
\1\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See Commission Rule 4.9(c),
16 CFR 4.9(c).
---------------------------------------------------------------------------
The FTC Act and other laws the Commission administers permit the
[[Page 28907]]
collection of public comments to consider and use in this proceeding as
appropriate. The Commission will consider all timely and responsive
public comments that it receives, whether filed in paper or electronic
form. Comments received will be available to the public on the FTC Web
site, to the extent practicable, at http://www.ftc.gov. As a matter of
discretion, the FTC makes every effort to remove home contact
information for individuals from the public comments it receives before
placing those comments on the FTC Web site. More information, including
routine uses permitted by the Privacy Act, may be found in the FTC's
---------------------------------------------------------------------------
privacy policy at http://www.ftc.gov/ftc/privacy.htm.
FOR FURTHER INFORMATION CONTACT: Susan E. Arthur, (214) 979-9370,
Attorney, Southwest Region, Federal Trade Commission, 1999 Bryan
Street, Suite 2150, Dallas, Texas 75201.
SUPPLEMENTARY INFORMATION:
I. Background
The Commission's Leather Guides address misrepresentations
regarding the composition and characteristics of specific leather and
imitation leather products. The Guides apply to the manufacture, sale,
distribution, marketing, or advertising of leather or simulated leather
purses, luggage, wallets, footwear, and other similar products.
Importantly, the Leather Guides state that disclosure of non-leather
content should be made for material which has the appearance of leather
but is not leather.
The Leather Guides ``are administrative interpretations of laws
administered by the Commission for the guidance of the public in
conducting its affairs in conformity with legal requirements. They
provide the basis for voluntary and simultaneous abandonment of
unlawful practices by members of industry.'' 16 CFR 1.5. Conduct
inconsistent with the Guides may result in corrective action by the
Commission under applicable statutory provisions.
The Commission adopted the Leather Guides in 1996, as part of its
periodic review of its rules and guides.\2\ The Leather Guides
consolidated portions of the Guides for the Luggage and Related
Products Industry (``Luggage Guides''), the Guides for Shoe Content
Labeling and Advertising (``Shoe Content Guides''), and the Guides for
the Ladies' Handbag Industry (``Handbag Guides'').\3\ The Leather
Guides also included provisions previously contained in the
Commission's Trade Regulation Rule Concerning Misbranding and Deception
as to Leather Content of Waist Belts (``Waist Belt Rule'').\4\
---------------------------------------------------------------------------
\2\ 61 FR 51577 (October 3, 1996).
\3\ The Luggage Guides, the Shoe Content Guides, and the Handbag
Guides were repealed in 1995. 60 FR 48027 (September 18, 1995). On
the same day, the Commission requested public comment regarding
proposed Leather Guides. 60 FR 48056 (September 18, 1995).
\4\ The Commission had previously repealed the Waist Belt Rule.
61 FR 25560 (May 22, 1966).
---------------------------------------------------------------------------
The language of the Luggage Guides, the Shoe Content Guides, the
Handbag Guides, and the Waist Belt Rule was updated and clarified in
the Leather Guides, and unnecessary provisions were deleted. Further,
the Leather Guides modified a number of provisions from the older
Guides and the Waist Belt Rule. Among these modifications were an
expansion of the scope of the Leather Guides to include
misrepresentations in the marketing and advertising of industry
products, the removal of the restriction that only top grain leather
could be called ``Leather'' without qualification, and the inclusion of
a requirement that manufacturers disclose the percentage of non-leather
and leather material contained in bonded leather.
II. Regulatory Review Program
The Commission has determined, as part of its oversight
responsibilities, to review all Commission rules and guides
periodically. These reviews seek information about the costs and
benefits of the Commission's rules and guides and their regulatory and
economic impact. The information obtained assists the Commission in
identifying rules and guides that warrant modification or rescission.
Therefore, the Commission solicits comment on, among other things, the
economic impact of and the continuing need for the Leather Guides;
possible conflict between the Guides and state, local, federal, or
international laws; and the effect of any technological, economic,
environmental, or other industry changes on the Guides.
III. Request for Comment
The questions below are designed to assist the public and should
not be construed as a limitation on the issues on which public comment
may be submitted:
(1) Is there a continuing need for the Leather Guides as currently
promulgated?
(2) Have the leather and imitation leather industries adopted the
Leather Guides as part of their routine business practices? If so, how,
and what effect, if any, does this have on the continuing need for the
Guides?
(3) What benefits have the Leather Guides provided to purchasers of
the products affected by the Guides?
(4) Are there costs imposed on purchasers when businesses follow
the Leather Guides? If so, explain.
(5) How have the leather and imitation leather industries been
affected by the Leather Guides' modifications to provisions previously
contained in the Luggage Guides, the Shoe Content Guides, the Handbag
Guides, and the Waist Belt Rule? How have those modifications affected
purchasers?
(6) What burdens or costs, including costs of compliance, are
imposed on businesses that follow the Leather Guides? In particular,
what burdens or costs are imposed on small businesses that follow the
Guides? Do the Guides provide benefits to businesses that follow them?
If so, what benefits?
(7) What changes, if any, should be made to the Leather Guides to
increase their benefits to purchasers? How would these changes affect
any burdens or costs to businesses that follow the Leather Guides? How
would these changes benefit purchasers?
(8) What changes, if any, should be made to the Leather Guides to
reduce the burdens or costs to businesses that follow the Guides? How
would these changes affect the benefits provided by the Guides?
(9) Do the Leather Guides overlap or conflict with other federal,
state, or local laws or regulations? If so, explain. Do the Guides
overlap or conflict with any foreign or international laws or
regulations? If so, explain.
(10) Have consumer perceptions or preferences changed since the
Leather Guides were issued, and, if so, do these changes warrant
revising the Guides? If you believe that these changes warrant
revisions, how should the Guides be revised?
(11) Since the Leather Guides were issued, what effects, if any,
have changes in relevant technology, economic conditions, or
environmental conditions had on the Guides?
List of Subjects in 16 CFR Part 24
Advertising, Belts, Distribution, Footwear, Imitation leather
products, Labeling, Ladies' handbags, Leather and leather products
industry, Luggage and related products, Shoes, Trade practices, Waist
belts.
Authority: 15 U.S.C. 41-58.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E7-9965 Filed 5-22-07; 8:45 am]
BILLING CODE 6750-01-P